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Cases
2013Do1505 Violation of the Public Official Election Act
Defendant
1. A;
2. B
Appellant
Prosecutor (In respect of Defendants)
Judgment of the lower court
Seoul High Court Decision 2012No3223 Decided January 25, 2013
Imposition of Judgment
April 11, 2013
Text
All appeals are dismissed.
Reasons
The grounds of appeal are examined.
Examining the records in light of the relevant legal principles, we affirm the judgment of the court of first instance that acquitted the Defendants on the grounds that the facts charged in the instant case constitute a case where there is no proof of facts constituting the crime. In so doing, contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the legal principles as to the prohibition of prior election campaign and contribution act under the Public Official Election Act or by misapprehending the legal principles as to the prohibition
Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Park Jae-young
Justices Ko Young-han
Jeju High Court Justice Yang Chang-soo
Justices Park Byung-hee
Justices Kim Jae-tae